BILL NUMBER: AB 1789	CHAPTERED  09/29/00

	CHAPTER   919
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN ASSEMBLY   MARCH 28, 2000

INTRODUCED BY   Assembly Member Zettel
   (Coauthors:  Assembly Members Ashburn, Bates, Battin, Cox,
Cunneen, Dickerson, House, Leach, Maddox, Margett, and Oller)
   (Coauthor:  Senator Rainey)

                        JANUARY 26, 2000

   An act to amend Section 12022.7 of the Penal Code, relating to
sentencing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1789, Zettel.  Sentencing:  great bodily injury:  child.
   Existing law requires imposition of an enhanced penalty of 3 years
upon a person who personally inflicts great bodily injury upon a
person other than an accomplice during the commission or attempted
commission of a felony.  Imposition of an enhanced penalty of 5 years
is required if the person personally inflicts great bodily injury on
another person who is 70 years of age or older other than an
accomplice during the commission or attempted commission of a felony.

   This bill would require under the above provision, imposition of
an enhanced penalty of  4, 5, or 6 years upon a person who personally
inflicts great bodily injury on a child under the age of  5 years in
the commission or attempted commission of a felony.  By imposing an
additional penalty that must be pled and proven, this bill would
impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12022.7 of the Penal Code is amended to read:
   12022.7.  (a) A person who personally inflicts great bodily injury
on any person other than an accomplice in the commission or
attempted commission of a felony shall, in addition and consecutive
to the punishment prescribed for the felony or attempted felony of
which he or she has been convicted, be punished by an additional term
of three years, unless infliction of great bodily injury is an
element of the offense of which he or she is convicted.
   (b) A person found to have inflicted great bodily injury pursuant
to subdivision (a) which causes the victim to become comatose due to
brain injury or to suffer paralysis, as defined in Section 12022.9,
of a permanent nature, shall be punished by an additional and
consecutive term of five years.
   (c) A person who personally inflicts great bodily injury on a
person who is 70 years of age or older, other than an accomplice, in
the commission or attempted commission of a felony shall, in addition
and consecutive to the punishment prescribed for the felony or
attempted felony of which he or she has been convicted, be punished
by an additional term of five years, unless infliction of great
bodily injury is an element of the offense of which he or she is
convicted.
   (d) A person who personally inflicts great bodily injury on a
child under the age of five years in the commission or attempted
commission of a felony shall, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which he
or she has been convicted, be punished by an additional term of four,
five, or six years, unless infliction of great bodily injury is an
element of the offense of which he or she is convicted.  The court
shall order imposition of the middle term unless there are
circumstances in aggravation or mitigation.  The court shall state
its reasons for its enhancement choice on the record at the time of
sentencing.
   (e) A person who personally inflicts great bodily injury under
circumstances involving domestic violence in the commission or
attempted commission of a felony shall, in addition and consecutive
to the punishment prescribed for the felony or attempted felony of
which he or she has been convicted, be punished by an additional term
of three, four, or five years.  The court shall order imposition of
the middle term unless there are circumstances in aggravation or
mitigation.  The court shall state its reasons for its enhancement
choice on the record at the time of sentencing.  As used in this
section, "domestic violence" has the meaning provided in subdivision
(b) of Section 13700.
   (f) As used in this section, "great bodily injury" means a
significant or substantial physical injury.
   (g) This section shall not apply to murder or manslaughter or a
violation of Section 451 or 452.  The additional term provided in
this section shall not be imposed unless the fact of great bodily
injury is charged in the accusatory pleading and admitted or found to
be true by the trier of fact.
   (h) The court shall impose the additional terms of imprisonment
under either subdivision (a), (b),  (c), or (d), but may not impose
more than one of those terms for the same offense.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
